Nevada Estate Planning Questions & Answers

Q: I'm a personal representative on will and sole beneficiary on will. Do I still have to file with courts Reno NV

2 Answers | Asked in Estate Planning, Elder Law, Municipal Law and Probate for Nevada on
Answered on Feb 22, 2019
Delwyn E. Webber's answer
Under NV Statute, the Will should be filed with the Court. If there are no assets, only liabilities, then there is no reason to spend funds opening an insolvent Probate. It would be different if there were assets to be transferred to you as the heir.

Q: can affidavit of survivorship apply to only child living with parent alone? or is intestate succession mandatory?

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Nevada on
Answered on Feb 10, 2019
Jonathan Craig Reed's answer
You can't get title with an affidavit. You will need to do a probate. The proper value of the estate is the value of the home at the time of your mother's death which is probably a lot less than the current value. The Court will accept the Zillow.com value and the Zillow.com website usually lets you see the value for the last five years, although when I checked a local house right now to answer your question, Zillow.com wasn't giving me the price history. However, I mention the value at the...

Q: What do I do if my parents died w/out a will, I am the only child & the only estate is a house and no debt?

2 Answers | Asked in Estate Planning and Probate for Nevada on
Answered on Jan 31, 2019
Delwyn E. Webber's answer
Firstly, sorry for your loss.

As the value of the house is in excess of $100,000.00, you will need to open a Summary Administration and go through the motions through the Court to have the house transferred to yourself as sole heir.

Q: My mother died in Nevada. We owned her home together as a "community property." I live in New York.

1 Answer | Asked in Estate Planning for Nevada on
Answered on Jan 30, 2019
Delwyn E. Webber's answer
Firstly, sorry for your loss.

You mentioned that you own the property as 'community property' - did you mean 'joint tenants'? If you are joint tenants then the property will revert to the surviving joint tenant(s) upon recording of an Affidavit Terminating the Joint Tenancy.

Although you provided no information regarding the other assets, typically if they are less than $25,000 they should be able to be transferred pursuant to a small estate affidavit.

Q: Dad died with a will in Las Vegas on Nov. 10, 2018. He had a will that we haven't seen.

2 Answers | Asked in Probate and Estate Planning for Nevada on
Answered on Jan 2, 2019
Delwyn E. Webber's answer
Firstly, sorry for your loss.

NRS 136.050 provides as follows:

1. Any person having possession of a will shall, within 30 days after knowledge of the death of the person who executed the will, deliver it to the clerk of the district court which has jurisdiction of the case or to the personal representative named in the will.

2.  Any person named as personal representative in a will shall, within 30 days after the death of the testator, or within 30 days after...

Q: I need to hire representatives to guide and adjudicate probate for my father who passed on the 8 Dec. Do you help?

2 Answers | Asked in Estate Planning and Probate for Nevada on
Answered on Dec 22, 2018
Jonathan Craig Reed's answer
Our firm does uncontested probates at discounted rates through out Nevada if the are Set Asides, Summary Administration or General Administration. These terms are explained on our website, probatenevada.net

If the probate is contested (because family members are fighting) you want to hire a Reno lawyer if the estate will be probated in Reno.

In some cases, probate is not necessary. For example, if your father put his assets into a trust, or financial accounts with payable on...

Q: What kind of property can you put into a family trust?

1 Answer | Asked in Estate Planning for Nevada on
Answered on May 14, 2018
Delwyn E. Webber's answer
Typically you can transfer real property, personal property, membership interests, stocks, vehicles, and the like. Assets that cannot be 'owned' by a revocable trust are Qualified Plans [IRA, 401K], Annuities and Life Insurance Policies. [Life Insurance Policies can be owned by an Irrevocable Life Insurance Trust.] There may be restrictions on certain assets, which would depend upon the terms of the governing document [ie an Operating Agreement].

Q: im a benficuary on my mothers will when the house gets sold. they won.t let me see the will

1 Answer | Asked in Estate Planning and Probate for Nevada on
Answered on Dec 16, 2017
Kenneth V Zichi's answer
Nobody 'reads' wills any longer. This is a Hollywood myth.

As an heir, however, you are supposed to get a copy of any will that is being probated. If you haven't gotten one already, you can certainly go to the probate court and review the file.

Once you have done that, you should seek the help of a local probate attorney to review the whole

situation and provide you advice about what you should be doing.

Do that today, (as soon as the court is open again!)...

Q: Mom died, no husband, 1 adult child. Home mortgage is only asset. What legal paperwork is required?

1 Answer | Asked in Estate Planning for Nevada on
Answered on Nov 20, 2017
Delwyn E. Webber's answer
Firstly, sorry for your loss.

If there is equity in the home, a Probate will need to be opened to transfer the residence to the sole heir, or to allow the sole heir to sell the residence, unless Mom filed a Deed Upon death prior to her passing.

I hope this helps.

Q: Do personal items in a house (clothing, jewelry, etc) go through probate in Nevada? If so, any way to avoid that?

1 Answer | Asked in Estate Planning for Nevada on
Answered on Nov 20, 2017
Delwyn E. Webber's answer
Typically personal property doesn't go through probate unless it is 'valuable', or if there is a contest. Oftentimes clients leave a "memorandum" which sets forth which child gets certain pieces of personal property. You don't say whether you have a revocable living trust. If you do, you should have signed an 'Assignment', which assigns all personal property in to your Trust, however the memorandum is still a good idea to insure specific items go to specific children. If you have Wills, and...

Q: What if bank released deceased person's bank account funds to wrong person without proper court order?

1 Answer | Asked in Estate Planning and Probate for Nevada on
Answered on Oct 4, 2017
Jonathan Craig Reed's answer
If the account was payable on death to daughter the ordinary procedure would be for the bank to release the funds upon being shown mother's death certificate. The bank should have exercised caution with respect to funds deposited after the mother's death. However, the daughter is unlikely to be able to keep money that shouldn't have been given to her.

Q: How to track down important files kept in law office when practice has closed and atty's are deceased or retired?

1 Answer | Asked in Estate Planning for Nevada on
Answered on Oct 3, 2017
Delwyn E. Webber's answer
The first thing you may want to do is to reach out to the Nevada State Bar to see if they have any knowledge of anyone taking over the practice, or the transfer of files. Typically files are kept for 7 years, so if it is longer than that, you may not be able to obtain a copy.

Good luck to you.

Q: Where do I get forms for a trustee declination to serve and appointment of successor trustee by resigning trustee?

1 Answer | Asked in Estate Planning, Family Law and Probate for Nevada on
Answered on Sep 13, 2017
Delwyn E. Webber's answer
What I typically see is a "Declination" prepared by and signed by the resigning Trustee(s) just stating that they acknowledge they were nominated to serve as Trustees of the "Name" Trust, however they decline to accept that appointment. The form could include language stating that the declining Trustees nominate "XX" to serve, pursuant to the terms of the Trust. Thereafter, the incoming Trustee could sign an acknowledgement, stating that s/he has read and understand the Trust, that s/he...

Q: I have a a home about 350k In Clark count, i 100k mortgage. I want to move house from my name to a trust.How do I that

1 Answer | Asked in Estate Planning for Nevada on
Answered on Aug 28, 2017
Delwyn E. Webber's answer
You will need to prepare and execute a Warranty Deed and also a Declaration of Value to accompany it. You will need to present a copy of the Trust or Trust Certificate to the Recorders Office at the time of filing your documents, however the Trust is not recorded. You should then re-file your Homestead Declaration at the same time, but insure the Warranty Deed is recorded first.

Good luck to you.

Q: mother died was 84 yrs old lived in Clark county a senior living apartment. She had no assets & $500 bank

1 Answer | Asked in Estate Planning for Nevada on
Answered on Aug 23, 2017
Delwyn E. Webber's answer
Firstly, sorry for your loss.

Based upon the information you have provided, a Probate will not be necessary. The original Will should be filed with the Clark County Court, and costs $18.00 to do so.

In the event your mother did not have a named beneficiary on her bank account, the heirs can most likely provide an Affidavit of Small Estate to the Bank to recover the funds. The Affidavit must be made at least 40 days following death, states that no Probate estate will be opened,...

Q: I am an heir to 90 percent of my grandmothers estate. She passed away in Nevada.

1 Answer | Asked in Estate Planning for Nevada on
Answered on Jul 25, 2017
H. Scott Aalsberg Esq.'s answer
If they are ignoring you, I would suggest you hire a lawyer.

Q: how to cancel a trust

1 Answer | Asked in Estate Planning for Nevada on
Answered on Feb 7, 2017
Kenneth V Zichi's answer
You will need to do two things: 1) remove all assets from the trust and 2) Revoke the trust (if that is possible)

The details of HOW to do this legally and effectively go beyond what can be done in a Q&A format. You should seek local professional legal help to insure you do both steps properly, and to insure that you CAN do what you want to do!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client...

Q: I have a will prepared in Arizona. I have since moved to the Vegas area. Do I need to have this will rewritten?

1 Answer | Asked in Estate Planning for Nevada on
Answered on May 19, 2014
Charles Snyderman's answer
Most attorneys prepare a Will so that is valid in all states. If you have a concern, you should call the office of the attorney who prepared your Will and ask this question.

Q: How can I view my fathe's will/trust?He named his caretaker as his conservator and they will not provide me with info.

1 Answer | Asked in Estate Planning for Nevada on
Answered on Aug 28, 2013
Jonathan Craig Reed's answer
If your father is still alive I don't believe you have the right to know his estate plans.

Q: Can the trustee of a family trust be compensated for their services as the trustee?

1 Answer | Asked in Estate Planning for Nevada on
Answered on Aug 28, 2013
Jonathan Craig Reed's answer
Yes, a trustee has a right to compensation. Sometimes a trustee, if a close relative, waives the fee, but that is the trustee's choice.

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